Tag Archives: Sanford Rubenstein

The family of slain National Guardsman Noel Polanco has reached a $2.5 million settlement in their wrongful death lawsuit against the city.

“While the family of Noel Polanco does not believe justice was done on the criminal side of our legal system certainly there was a measure of justice from the civil side of our legal system with the settlement of damages for wrongful death,” Sanford Rubenstein, the lawyer for Polanco’s family said.

The 22-year-old Army Reserve member was fatally shot by NYPD police officer Hassan Hamdy during a traffic stop on the Grand Central Parkway in October 2012.

Polanco was pulled over when he was seen driving erratically in his car, weaving between lanes and speeding on the highway before allegedly cutting off an unmarked police vehicle. Hamdy allegedly fired the single shot that killed Polanco when he told him to put his hands on the steering wheel and Polanco reached under the seat.

Last February, a Queens grand jury concluded that there would be no criminal charges filed in connection to the death of Polanco. By the end of the month, Polanco’s mother, Cecilia Reyes, announced a $20 million notice of claim to file a lawsuit against the city, NYPD and the officer who shot her son.

Police Commissioner Raymond Kelly is requesting a grand jury investigation following last week’s fatal shooting of 22-year-old Army Reserve member Noel Polanco by a police officer.

According to the NYPD, on Thursday, October 4 around 5:15 a.m., officers in two unmarked vehicles spotted an eastbound, black 2012 Honda Fit hybrid driving erratically, weaving between lanes and speeding on the Grand Central Parkway. The car allegedly tailgated another vehicle before cutting between the unmarked police cars. The officers signaled for the Honda to pull over near the exit for LaGuardia Airport. Police approached the vehicle and fired a single round into Polanco’s abdomen. He was taken to New York Hospital Queens where he was pronounced dead at 5:50 a.m.

During the incident, two other passengers were inside the car: Diane DeFerrari, a bartender and Polanco’s neighbor, and Vanessa Rodriguez, an off-duty police officer. DeFerrari was sitting in the passenger’s seat during the incident and Rodriguez was allegedly asleep in the back seat.

According to DeFerrari’s attorney Sanford Rubenstein, Polanco complied with the officer’s request to keep his hands visible.

“There’s no question that she [DeFerrari] saw the driver with his hands on the wheel when he was shot,” said Rubenstein.

The police officer who allegedly fired the shot is Hassan Hamdy, who according to published reports was involved in a 2007 lawsuit for use of excessive force.

The district attorney released a statement, assuring the public that the event will be investigated in a “full, fair and complete” manner by the New York City Police Department’s Internal Affairs Division. The DA’s office declined any further comment.

Moez Abouelnaga, owner of Ice Lounge NYC in Astoria where Polanco worked as a hookah preparer, remembered his co-worker as a good-hearted, friendly person.

“He was a good kid,” said Abouelnaga. “Anything you asked him to do he would do it. He never asked for extra anything. He was very friendly. He got along with everyone.”

Polanco, who was known by the nickname “Sparxx,” graduated from Hillcrest High School in 2007 and was a member of the Army Reserve unit stationed in Kingston, New York. Reports say he had aspirations of joining the NYPD.

“He was a humble kid, just a humble guy,” said a friend. “He never started any problems. He never had issues. He was happy and social for someone who had just lost his grandfather and father.”

Polanco’s grandfather passed away in February and he lost his father in July, according to the friend.

On Tuesday, October 9, Senator Jose Peralta wrote a letter to the Police Commissioner on behalf of Polanco’s mother Cecilia Reyes. Peralta applauded Kelly’s push for a grand jury trial and added that full public disclosure of the facts is critical to ensure that justice is served.